logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 영월지원 2018.10.16 2018고정63
모욕
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 2, 2018, the Defendant publicly insultingd the victims by stating that “A victim F, G, H, I, and J, who is a disciplinary member, has been dissatisfied with the deliberation at the office of the 2nd floor D office located in Gangwon-gu, Gangwon-gu, Seoul, and that there is an employee of the Association, such as E, who is an executive secretary of the said Association, and who is a disciplinary member, among those who are members of the said Association,” and that “A soldier is out of the parallel value.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Complaint;

1. Recording records (the defendant and defense counsel shall not meet the requirements for the composition of a crime of insult;

However, according to each of the above evidence, it can be acknowledged that the defendant stated that "if you leave the parallel value, I am out of the body, I am out of the body," as stated in the facts of the crime, the defendant's words constitute an abstract and destroyed speech with the content of lowering the social evaluation of the victims, and thus, the crime of insult against the victims is established."

Application of Statutes

1. Article 311 of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow